[Congressional Record Volume 140, Number 103 (Monday, August 1, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 1, 1994]


 
     AMENDING THE ACT ESTABLISHING LOWELL NATIONAL HISTORICAL PARK

  Mr. VENTO. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R.4448) to amend the Act establishing Lowell National Historical 
Park, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 4448

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. AMENDMENTS.

       The Act entitled ``An Act to provide for the establishment 
     of the Lowell National Historical Park in the Commonwealth of 
     Massachusetts, and for other purposes'' approved June 5, 1978 
     (92 Stat. 290; 16 U.S.C. 410cc et seq.), is amended as 
     follows:
       (1) In section 103(a)(2), by striking ``$33,600,000'' and 
     inserting ``$43,930,000''. The amendment made by this 
     paragraph shall take effect on October 1, 1994.
       (2) In section 203, by adding at the end thereof the 
     following new subsection:
       ``(c) Loan and Grant Agreements.--Upon termination of the 
     Commission, the Secretary, acting through the National Park 
     Service, shall assume all responsibilities of the Commission 
     for administration and oversight of the loan and grant 
     agreements under section 303.''.
       (3) In section 205, by adding at the end thereof the 
     following new subsection:
       ``(e) Leasing Authority.--(1) In addition to other 
     available authorities, the Secretary may, in his discretion, 
     negotiate and enter into leases, as appropriate, with any 
     person, firm, association, organization, corporation or 
     governmental entity for the use of any property within the 
     Park and Preservation District in accordance with the General 
     Management Plan and any of the purposes set forth in section 
     1 of this Act.
       ``(2) Any leases entered into under this subsection shall 
     be subject to such procedures, terms, conditions and 
     restrictions as the Secretary deems necessary. The Secretary 
     is authorized to negotiate and enter into leases or other 
     agreements, at fair market value and without regard to 
     section 321 of chapter 314 of the Act of June 30, 1932 (40 
     U.S.C. 303b). For purposes of any such lease or other 
     agreements, the Secretary may adjust the rental by taking 
     into account any amounts to be expended by the lessee for 
     preservation, maintenance, restoration, improvement, repair 
     and related expenses with respect to the leased properties.
       ``(3) The proceeds from leases under this subsection shall 
     be retained by the Secretary, be available without further 
     appropriation, remain available until expended, and be used 
     to offset the costs of preservation, interpretation, 
     restoration, maintenance, improvement, repair, and related 
     expenses, including administration related to such expenses, 
     incurred by the Secretary with respect to properties within 
     the Park and Preservation District, with the balance used to 
     offset other costs incurred by the Secretary in the 
     administration of the Park.
       ``(4) Each lessee of a lease entered into under this 
     subsection shall keep such records as the Secretary may 
     prescribe to enable the Secretary to determine that all terms 
     of the lease have been, and are being, faithfully performed.
       ``(5) The Secretary shall annually prepare and submit to 
     Congress a report on property leased under this 
     subsection.''.
       (4) In section 301(i), by striking ``seventeen'' and 
     inserting ``22''.
       (5) In section 303(a), by amending paragraph (1) to read as 
     follows:
       ``(1) The loan to the corporation shall have a maturity of 
     35 years. At the end of such period, the corporation shall 
     repay to the Secretary of the Treasury (in a lump sum) for 
     deposit in the general fund of the Treasury the full amount 
     of the loan and any additional amounts accruing to the 
     corporation pursuant to this subsection excepting principal 
     and interest losses occasioned by loan defaults after all 
     reasonable efforts at collection have been completed plus 
     those amounts expended by the Corporation for reasonable 
     administrative expenses. The Commission is further authorized 
     to renegotiate the terms and conditions respecting loan 
     repayment of the agreement dated December 8, 1980, with the 
     Lowell Development and Financial Corporation. The authority 
     provided in this paragraph shall be available only to the 
     extent that appropriations for a subsidy cost, as defined in 
     section 502 of the Congressional Budget Act of 1974, are made 
     in advance.''.
       (6) In section 305(g), by inserting before the period at 
     the end thereof ``for administration by the National Park 
     Service in accordance with the general management plan''.
       (7) By adding after section 307 the following:

     ``SEC. 308. ADVISORY COMMITTEE.

       ``(a) Establishment of Advisory Committee.--Upon the 
     termination of the Commission, the Secretary shall establish 
     a committee to be known as the Lowell National Historical 
     Park Advisory Committee (hereinafter in this section referred 
     to as the `Advisory Committee').
       ``(b) Membership.--The Advisory Committee shall be composed 
     of 15 members appointed by the Secretary.
       ``(c) Chairperson.--The Advisory Committee shall designate 
     one of its members as Chairperson.
       ``(d) Quorum.--Eight members of the Advisory Committee 
     shall constitute a quorum. The Advisory Committee shall act 
     and advise by affirmative vote of a majority of the members 
     voting at a meeting at which a quorum is present. The 
     Advisory Committee shall meet on a regular basis. Notice of 
     meetings and agenda shall be published in local newspapers 
     which have a distribution which generally covers the area 
     affected by the park and preservation district. Advisory 
     Committee meetings shall be held at locations and in such a 
     manner as to ensure adequate public involvement.
       ``(e) Functions.--The Advisory Committee shall advise the 
     Secretary on the operation, maintenance, development, and 
     programming of the park and preservation district.
       ``(f) Support and Technical Services.--In order to provide 
     staff support and technical services to assist the Advisory 
     Committee in carrying out its duties under this Act, upon 
     request of the Advisory Committee, the Secretary is 
     authorized to detail any personnel of the National Park 
     Service to the Advisory Committee.
       ``(g) Per Diem.--Members of the Advisory Committee shall 
     serve without compensation but shall be entitled to travel 
     expenses, including per diem in lieu of subsistence, in the 
     same manner as persons employed intermittently in Government 
     service under section 5703 of title 5, United States Code.
       ``(h) FACA.--The provisions of section 14(b) of the Federal 
     Advisory Committee Act (5 U.S.C. Appendix; 86 Stat. 776), are 
     hereby waived with respect to the Advisory Committee.
       ``(i) Vacancies.--Any vacancy in the Advisory Committee 
     shall be filled in the same manner in which the original 
     appointment was made. Any member may serve after the 
     expiration of his term until his successor is appointed.
       ``(j) Termination.--The Advisory Committee shall terminate 
     on June 5, 2010.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Minnesota [Mr. Vento] will be recognized for 20 minutes, and the 
gentleman from Colorado [Mr. Allard] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Minnesota [Mr. Vento].


                             GEneral Leave

  Mr. VENTO. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks on 
H.R. 4448, the bill now under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  Mr. VENTO. Mr. Speaker, I yield myself such time as I am consume.
  Mr. Speaker, H.R. 4448, would amend the act establishing the Lowell 
National Historical Park. Lowell National Historical Park was 
established in 1978 to preserve and interpret the nationally 
significant historical and cultural sites, structures, and districts in 
Lowell, MA. At that time, Congress established the Lowell National 
Historical Park Commission to complement and coordinate the efforts of 
the park and various other State, local, and private entities in 
developing and managing the historic and cultural resources of Lowell. 
While several projects remain to be completed, the Commission is 
scheduled to terminate on June 5, 1995, and the limit on authorized 
development funds has been reached.
  H.R. 4448, introduced by Representative Meehan on May 18, 1994, 
extends the Commission for an additional 5 years, and increases the 
authorization level for the park. The legislation also provides for the 
transfer of the Commission's authorities to the National Park Service, 
and authorizes any revenues or assets acquired to be used for park 
purposes. The bill requires the Lowell Development and Financial 
Corporation to repay to the Secretary of the Treasury loans and 
interest from a low-interest loan fund established in 1978, except for 
any losses taken after all reasonable efforts at collection have been 
completed. Finally, the legislation establishes an advisory committee, 
following termination of the Commission, to provide input on the 
operation, maintenance, development, and programming of the park and 
preservation district.
  The committee amended the bill as introduced to strengthen the 
language authorizing the National Park Service to assume the 
Commission's responsibilities for loan and grant agreements and to 
retain the revenues from leasing properties currently administered by 
the Commission for park use. This section reflects the committee's 
concern that such action be governed by appropriate regulation, and 
institutes reporting requirements on the financial records related to 
these provisions.
  In response to concerns raised by OMB, the committee also included 
additional language regarding the loan fund that would exempt the 
corporation from repaying principal and interest losses due to defaults 
to make it acceptable under the Credit Reform Act.
  Finally, the committee limited the advisory committee established in 
the bill to 10 years. I believe the establishment of an advisory 
committee to be appropriate in this instance, where partnerships and 
community involvement play such an important role in the operation of 
the park. However, I also believe that such committees should not be 
open-ended, and in fact should be reviewed periodically to determine if 
their activities and membership continue to be appropriate. The 10-year 
sunset seems adequate for this purpose.
  Mr. Speaker, Lowell is in many ways a model for the kind of 
partnerships and community-based parks we are trying to encourage. The 
private investment in the area has far outstripped Federal funding for 
the park. Neglected and deteriorating resources have been restored, and 
the park has been developed with the support and cooperation of local 
public and private entities. Without this legislation, however, the 
National Park Service would be required to assume responsibility for 
incomplete projects and would be left without the necessary authority 
to manage properties and programs currently under the jurisdiction of 
the Commission.
  This legislation provides for the completion of projects already 
underway and provides for the orderly and cost effective transition 
from management by the community-based commission to the National Park 
System. This is an existing unit of the National Park Service, and the 
authorities contained in this bill are necessary for its continued 
operation.

                              {time}  1330

  Mr. Speaker, I reserve the balance of my time.
  Mr. ALLARD. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, although I understand there has been a remarkable effort 
to restore the historical values at Lowell and excellent cooperation 
between the Federal Government, State government and private sector, I 
must strongly oppose H.R. 4448.
  This legislation effectively authorizes $14 million for the Lowell 
National Historical Park and its Historic Preservation Commission. This 
is on top of the $53.4 million already spent at the park by the 
National Park Service. This figure does not include millions spent for 
park operations and the Commission's administrative expenses.
  This park has a long and controversial history. The first attempt to 
authorize it in 1978 resulted in a defeat on the House floor. Members 
were concerned about its $40 million cost and fears this money might be 
spent on urban renewal efforts.
  Opponents of this legislation in 1978 included such distinguished 
alumni as Al Gore and Dan Quayle. They were joined by current members 
of the leadership as Ways and Means Chairman Sam Gibbons, Intelligence 
Committee Chairman Dan Glickman, and Veterans Committee Chairman Sonny 
Montgomery. Distinguished subcommittee chairmen Bill Hefner, Andy 
Jacobs, and Tom Bevill joined in their opposition.
  Although ranking member of the Subcommittee on National Parks and 
Recreation Keith Sebelius supported the original authorization, he 
wrote in the 1978 committee report that, ``This legislation, in its 
implementation must not be permitted to be a bottomless goodie bag of 
financing assistance.''
  Unfortunately, Mr. Sebelius' fears were well-founded because 9 years 
later in 1987, Congress increased the authorization for Lowell by $13.4 
million and extended the life of the Commission by 7 years. Today's 
legislation effectively increases that authorization by $14 million. 
Examples of this Federal largesse to date include $9.5 million for 
canal construction and design and $3.6 million for a trolley system.
  H.R. 4448 increases the park's development ceiling by $10.33 million, 
$5.1 million of this total will be spent to complete the canalway 
system. It also extends the life of the Lowell Historic Preservation 
Commission for 5-additional years.
  In fiscal year 1993 this Commission spent $726,000 in administrative 
expenses which has taken the National Park Service's annual budget. 
Extending it by 5 years, assuming current spending levels are frozen, 
will cost taxpayers an additional $3.63 million. The fact that Congress 
never intended this Commission to have such a long and active life is 
demonstrated by the Senate Interior Committee's report on H.R. 11622 in 
1978 which stated, ``The role of the commission will, in all 
likelihood, be very minimal by 1988.''
  This legislation represents the second time in 7 years that Congress 
has been asked to increase the development ceiling for Lowell, and 
extended the life of the Commission.
  Mr. Speaker, I believe the $53.4 million already spent by the 
National Park Service at Lowell is more than enough. Moreover, because 
of the National Park Service's massive backlog of between $7.4 to $9.4 
billion and our $4.5 trillion national debt, I am astounded, this 
legislation is before us.
  Mr. Speaker, I urge my colleagues to vote against H.R. 4448.
  Mr. Speaker, I reserve the balance of my time.
  Mr. VENTO. Mr. Speaker, I am pleased to have the participation this 
afternoon of the principal author on the floor today, the gentleman 
from Massachusetts [Mr. Meehan]. The gentleman has done a very good job 
of presenting this case to the committee. Obviously, there are some 
questions not completely resolved in some minds, but he certainly has 
done a good job. I commend him for it.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Massachusetts [Mr. Meehan].
  Mr. MEEHAN. I thank the gentleman for yielding this time to me.
  Mr. Speaker, I rise today to ask support for H.R. 4448, a bill to 
amend the act establishing Lowell National Historic Park.
  I appreciate the assistance of the gentleman from Minnesota, Chairman 
Vento. His efforts and support have improved this bill. I am grateful 
for his help and guidance.
  In 1978, the Congress created the Lowell National Historical Park. In 
doing so, it recognized the pivotal part that Lowell played in the 
American Industrial Revolution. This Nation's industry began in Lowell. 
The city's industrial mill buildings, canal system, historic buildings 
and ethnic and cultural diversity are important monuments to America's 
transition from an agrarian to an industrial economy. Congress has 
acknowledged these assets to be nationally significant. The act made 
Lowell a unit of the National Park Service and created the Lowell 
Historic Preservation Commission. The Commission membership consists of 
15 members representing local, State, and Federal Government and the 
private sector. This unique partnership is charged with preserving and 
interpreting cultural and historic assets, especially the 5-mile canal 
system and privately owned historic structures.

  Seven years ago, the Congress reauthorized the Lowell Historic 
Preservation Commission. Today, I am asking you to support the orderly 
phase-down and termination of the Commission so that it may complete 
its tasks in accordance with the intent of the original law.
  The Commission's essential work is not finished. The Lowell community 
has wrestled with preparing to phase out the Commission, while ensuring 
that the National Park Service will not be left with unanticipated 
burdens. This bill is intended to address these concerns.
  The legislation includes the following provisions:
  Extends the Commission for 5 years to allow adequate time to complete 
its responsibilities.
  Provides necessary financial resources--$10.33 million over 5 years--
to complete the physical restoration of the canal system and to 
preserve privately owned historic structures.
  When the Commission ends, it authorizes the National Park Service to 
assume oversight and administrative functions for loan programs, leases 
and ownership of property and easements.
  Upon termination of the Commission, establishes an unpaid advisory 
committee to the Park Service which would end in 2010.
  It facilitates private investment by clarifying the obligations of a 
local not-for-profit corporation which administers the Commission's 
historic preservation loan program.
  Mr. Speaker, the Lowell Commission is a model for Government 
cooperation and effectiveness. It encourages private investment in 
historic preservation. Thus, it achieves successes which the Federal 
Government could not accomplish on its own. Through its loan and grant 
programs, the Commission helped to preserve and restore 63 privately 
owned buildings leveraging over $9 of private investment for every 
Commission dollar. The Commission has been cost-conscious as well. 
Ninety-five percent of the land for the canalway was acquired through 
donations.

                              {time}  1340

  Project engineering and design costs were reduced by 60 percent 
through elimination of outside consultants. If you visit the Lowell 
Park, I know that you will be impressed by the quality of the 
Commission's efforts.
  Secretary of interior Babbitt and Park Service Director Kennedy were 
impressed when they came to the Lowell Park last year. And, this year, 
the National Park Service supported passage of the bill at the hearings 
conducted by Chairman Vento and his committee. The bill also is 
supported by the city of Lowell, the Massachusetts Historic Commission, 
Governor William Weld Historic Massachusetts Inc. and Preservation 
Action Inc. among others.
  This legislation strikes a responsible balance. It seeks the minimum 
amount of resources required to protect the public investment that has 
already been made in Lowell. It contains no boundary expansions or new 
project initiatives. It only allows the Commission to complete the type 
of projects which the Congress has approved previously. It permits the 
orderly and efficient transition of Commission functions to the private 
sector and the Park Service. In fact, the Commission has already 
transferred its cultural programs to nonprofit sponsors.
  The national significance of Lowell's historic resources and the 
quality and importance of its interpretive programs are well 
established. The Lowell Commission was the first of its kind to be 
created within the Department of the Interior and it will be the first 
to go out of business. It seeks to utilize the considerable experience 
and expertise of the Commission members and staff so that it can 
terminate with its projects completed and with a cost effective 
transition process.

  Mr. Speaker, I ask my colleagues to support H.R. 4448. Passage will 
ensure the preservation of important national assets for future 
generations, and it will enhance the public investments that have been 
made there and protect and interpret a significant part of our 
heritage. I would also point out that there are a number of reasons why 
the transition has taken more time than originally anticipated. The 
transfer of canal property rights and ownership from the Commonwealth 
of Massachusetts to the commission required State legislation. Land 
donations were delayed due to bankruptcy of land owners. Detection of 
hazardous waste that was found in many of the sites required testing 
and cleanup. Structural problems encountered along several of the canal 
walls required additional work as well.
  Therefore, I urge, Mr. Speaker, my colleagues to approve this 
important legislation which would enable the Lowell Historic Park 
Commission to gout out of business, but not before completing its 
mission.
  Mr. ALLARD. Mr. Speaker, I have no further requests for time on this 
side.
  Mr. VENTO. Mr. Speaker, I yield myself 2 minutes.
  Mr. Speaker, I was interested in the recitation of the gentleman from 
Colorado [Mr. Allard] of the history of 16-17 years ago of who voted 
for and who voted against the initial proposition of then-Congressman 
Paul Tsongas on the floor of the House of Representatives. I might 
point out also, Mr. Speaker, of course supported by Senator Ed Brook at 
the time, a big advocate of Lowell, and clearly, I think, as the 
gentleman from Massachusetts [Mr. Meehan] has pointed out, the reasons 
for the delay are being articulated in terms of the fact that there was 
toxic waste, and while we were not responsible for it, and the Federal 
Government did not pay for the cleanup, it did delay the work of being 
able to move forward. The canals are key, of course, to the power 
system of Lowell; it was operated on the basis of this sort of 
waterfall or water power. The fact is that the walls of those canals 
needed substantially more repair than was anticipated.
  Well, Mr. Speaker, that can happen. I suppose we do not all have 
experts around that can judge the condition of 150-year-old canals, and 
so that is understandable, that there was bankruptcy, a failure of a 
company, as he indicated, that necessitated an eminent domain 
proceeding. Fortunately the Park Service had the power to act on that, 
but again it was expensive from a time phase, and in the 1980's, Mr. 
Speaker, frankly many parks that needed funding and the parks that need 
funding today are not receiving it.
  Very often, Mr. Speaker, my colleagues are concerned about the 
designation of new parks when existing units are suffering. Here is a 
chance. What we are asking is to let this park have the authorization, 
if they can make their case before the Committee on Appropriations and 
this can be signed into law, that they would be able to access the type 
of funding they needed. The commission; I think it is a judgment call 
as to the length of it, but they have been managing the loans. Again, 
of the costs that are associated here is the default on a loan. When 
that defaults, we really expect the commission to be able to somehow 
take out of the Park Service revenue the loss of a loan. I really do 
not think that that is what is anticipated.
  So, even though the grant and loan process has, in fact, made money, 
and has been very, very successful, I think that, if there was some 
question about the commission and the necessity of it working 
successfully, there would be valid questions that have been raised on 
the floor today.
  But that is not the case here. This has been a successful working 
commission. I think all too often we get in the habit of asking for 
commissions, and they really end up being do-nothing commissions. They 
are really there in terms of having a responsibility and do not fulfill 
the role.
  But here is an active, working commission, and so for that reason I 
have been persuaded to support this. I hope that I can persuade my 
colleagues. I say to the gentleman, ``You didn't mention, Mr. Allard, 
that of course, when I was recorded in terms of this vote, I voted for 
it in 1978, and I'm asking Members to continue to give the benefit of 
the doubt to the Paul Tsongases and others that have advocated this 
position.''
  Mr. Speaker, it is a successful park. It is one we should remain 
committed to. I would hope today on the floor that Members would 
support this and support the idea of this. It is an important resource 
for America.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. ALLARD. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Sangmeister). The question is on the 
motion offered by the gentleman from Minnesota [Mr. Vento] that the 
House suspend the rules and pass the bill, H.R. 4448, as amended.
  The question was taken.
  Mr. ALLARD. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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